Commentaries on Local Justice by Bill Martin

Tag: Binghamton Police Reform

The Limits of Police Reform

Bill Martin

February 9, 2021, Justtalk blog

2017 Protest at Broome County Jail
Photo Credit: Kojo Senoo

Faced with unrelenting waves of protest against police brutality, elected officials have mobilized in response.  Local sheriffs, police chiefs, and mayors first proposed and then enacted new laws to incarcerate those who “annoy” the police, arresting protestors in the process.[1]  Governor Cuomo, facing larger Black and Latinx insurgencies and voters, responded with an executive order in August that required all police departments—except state police departments including SUNY state police—to conduct a review and send a final reform report to the state by April 1, 2021.[2] The cudgel: an open threat to cut state aid to cities and counties that don’t comply.

Local departments led by the Binghamton Police Department and the County Sheriff started late on their reform review, with a top-down, hand-picked set of commission members.[3] Public (Zoom and phone) call-in meetings for both the city and the county have been swamped by demands to downsize police operations and fund alternative health and violence prevention programs. From the thin public records available,[4] it appears the commission proposals will be limited to recommendations that police departments increase their efforts to hire more diverse officers, expand cultural competency and de-escalation training, team up with mental health and addiction counselors, and expand community policing.

All these measures have been recommended by national and local commissions for over 30 years and have failed us–as any one who dips their toes into the subject through a Google search comes to know very quickly. George Floyd was killed in a city whose police department had undergone a deep set of these reforms.[5]  Data shows that hiring more officers of color does not alter police violence and brutality.[6]  Despite diversity and sensitivity training Binghamton’s police force has faced protests alleging abuse of children of color.[7] Proliferation of teams of police officers and medical counselors, under direct police control, along with restricted medical treatment in the jail has only increased the use of the police as the primary means to address substance use disorders.[8]  Indeed such programs threaten to expand and cement the use of the jail as the county’s primary drug and mental health treatment center and increase drug overdoses.[9] Pledges by the City of Binghamton to hire and deploy a more diverse force are heard year after year,[10] but little progress takes place; at last count the city force was 1.5% Black.[11]  The Broome County Sheriff simply states “We don’t hire by race”[12]—and supervises a 160+ person force that is 98% white (as far as we can uncover[13]).  Why not Black officers?  Harder recently blamed the local NAACP for not acting better as a recruiting arm for him.[14]

Community Actions

June 2020 Recreation Park Community Consultation on Police and Budget
Photo Credit: Bill Martin

What is the local community to do? Actually a lot has been done at the grassroots. For over five years many community organizations have called and rallied for change in mass policing and mass incarceration policies, most prominently Citizen Action, Justice and Unity for the Southern Tier, Progressive Leaders of Tomorrow, and Truth Pharm.  For over five years people have rallied at the local jail, protesting over-incarceration and deaths in the jail.[15] Black residents have rallied against police abuse of local Black youth.[16] Last summer over a thousand persons marched through town demanding change as part of a Black Lives Matter rally launched by local Black high school students.[17]  Over 400 persons met later in Rec Park to discuss and hammer out a collective plan to change local policing priorities and practices.[18]  A local coalition of community groups—Divestment, Accountability, Reinvestment in Our Community (DAROC)—advanced these discussions at community meetings in multiple city parks, and is now presenting the results to elected officials.

City and County Responses

All to no apparent avail.  The City of Binghamton and Broome County officials refuse, in direct opposition to the Governor’s recommendations, to speak with the most active community organizations. The Governor’s guidebook is quite clear that it would be a mistake “to impose to-down solutions” and that reform efforts and meetings should “involve the entire community in the discussion” including interested non-profit groups.[19] 

Neither the City nor County have done this.  Commissions have been composed and imposed by the mayor and the sheriff, with the mayor calling the community groups who have led local protests “hate groups” and the sheriff simply refusing to discuss the issue.[20] To date the only forums for public comment have been call-in Zoom meetings which permit short statements by outsiders with no response by committee members.[21]  The mayor and sheriff, and most commissioners, are either silent or absent completely.[22]  This has made it impossible of course to consider, again as Cuomo’s guidelines dictate, “what grievances your community has had with its police force in the past and what you can learn from those instances.”[23]

Questions to Ask

There is no sign that either city or county meetings are pursuing even the most elemental questions raised by the state guidebook for all reform efforts:

  • How often are complaints made about the police?
  • Do complaints come from a particular portion or portions of the community?
  • Should you deploy social service personnel instead of or in addition to police officers in some situations?
  • Do you want police to respond to mental health calls?
  • Do you want police to respond to substance abuse/overdose calls?
  • Do you want police to respond to calls regarding the homeless?
  • Are there other matters for which the community currently turns to its police for assistance that might be better addressed by others with different skills and expertise? (pp. 12-13)

Neither the city nor the county seems to have considered alternatives raised in the state guidebook, including alternative investments of public funds in:

  • Community violence interruption
  • Parent support
  • Youth development
  • Addressing trauma and violence at home (pp. 14-16)

Nor is there any sign that local meetings will consider any changes demanded by community organizations or discussed in the state guidebook, including cutting police in schools (p. 18), demilitarizing police forces (pp. 20, 21), collecting and making available stop data, ending shooting at moving vehicles (p. 31), and cutting back on racialized facial recognition data (p. 34).

As currently composed, the city and county reform initiatives are stillborn: they are unrepresentative, exclude community groups and individuals who have been most active in dealing with police issues, fail to address racialized policing and incarceration, and are directed to suggest only initiatives that lead to greater funding and control of the police over social illnesses, most notably mental health and substance use disorders.

Where to start

Community organizations through DAROC provide an alternative agenda, most notably in their January 28, 2021 letter to the mayor and city council members.   It recommends many initiatives the city and county would do well to consider, including

  • Ending racial profiling
  • Implementing mandatory date collection and reports on stops, tracking, and surveillance
  • Ending police in schools
  • Increasing transparency and compliance with state laws on disciplinary records and freedom of information requests
  • Eliminating the militarization of the police, especially military grade weapons and armored personnel carriers
  • Diverting funding and resources to independent mental health/substance use counselors, reentry programs, food, youth and educational programs
  • Creating an empowered oversight board

A similar set of proposals are targeted at the much larger budget and operations of the county sheriff.[24]

These are not radical demands. They have been adopted by large and small cities across the country.  One might go further and argue as many do for a more substantive transformation of how we define public safety and work to counter violence and harm (see suggested readings below). 

The bottom line? All current indications are that the city and county will generate a report that fails to meet even the minimal standards of the state mandate, with state aid cuts to local county and city budgets being the only credible state response.

Binghamton and Broome County residents deserve better.

***

Further reading on Police Reform

Mariame Kaba, Yes, We Mean Literally Abolish the Police, New York Times, June 12, 2020

Alex Vitale, “The Answer to Police Violence is Not ‘Reform’,” Guardian, May 31, 2020

Brendan McQuade, “Against Community Policing,” Jacobin, Nov 18 2015

Timothy Williamsburg, Facial Recognition Software Moves From Overseas Wars to Local Police,” New York Times, August 12, 2015

Alexis Okeowo, “How to Defund the Police,” New Yorker, June 26, 2020

José Martín  “Policing is a Dirty Job, But Nobody’s Gotta Do It: 6 Ideas for a Cop-Free World,” Rolling Stone, June 2, 2020

Bazelon Center, “’Defunding the Police’ and People with Mental Illness,” August 2020

M4BL, Defund Toolkit, August 20, 2020

Justice and Unity for the Southern Tier, Defund the Sheriff, Fund Community Health, June 6, 2020

DAROC Letter to the mayor and City Council, January 28, 2021

DAROC/JUST, County funding briefing, September 17, 2020

Communities United for Police Reform, NYC Budget Justice Campaign Demands, July 1, 2020

Bill Martin, “Defund the (Campus) Police,” June 15, 2020


Notes

[1] Bill Martin, “Broome County’s Censorship Bill: It’s All About the Police,” JUST Talk (blog), December 5, 2019, https://justtalk.blog/index.php/2019/12/05/broome-countys-censorship-bill-its-all-about-the-police/; Gabe Altieri, “Broome County Passes ‘Annoyance Law’ | WSKGWSKG,” December 20, 2019, https://wskg.org/news/broome-county-passes-annoyance-law/.

[2] “Governor Cuomo Announces New Guidance for Police Reform Collaborative to Reinvent and Modernize Policing,” Governor Andrew M. Cuomo, August 17, 2020, https://www.governor.ny.gov/news/governor-cuomo-announces-new-guidance-police-reform-collaborative-reinvent-and-modernize.

[3] For an early evaluation of the late start see Tarik Abdelazim, “Binghamton’s Police Reform Panel: Not Even Started, and Already a Failure,” The Bridge (blog), November 18, 2020, https://binghamtonbridge.org/binghamtons-police-reform-panel-not-even-started-and-already-a-failure/. The Johnson City, Endicott, and Vestal police departments are considerably smaller and have barely begun the reform process as of early February 2021. The SUNY-Binghamton State Police department is larger than those of the smaller cities but is not subject to the state mandate.

[4] See the official records at “Broome County Police Review Taskforce | Broome County,” accessed February 8, 2021, https://gobroomecounty.com/countyexec/policereviewtaskforce; “2021 Binghamton Police Reform & Reinvention Collaborative | City of Binghamton,” accessed February 8, 2021, http://binghamton-ny.gov/2021-binghamton-police-reform-reinvention-collaborative.

[5] See Alex S. Vitale, “The Limits of Police Reform,” in The End of Policing (Verso, 2017), 1–29.

[6] Tom Jacobs, “Black Cops Are Just as Likely as White Cops to Kill Black Suspects,” Pacific Standard, accessed February 8, 2021, https://psmag.com/social-justice/black-cops-are-just-as-likely-as-whites-to-kill-black-suspects; Jennifer Cobbina and Alex S. Vitale, “Why Police Diversity Won’t Fix the Problems of Policing,” The Crime Report, January 18, 2021, https://thecrimereport.org/2021/01/18/1196218/.

[7] Progressive Leaders of Tomorrow, Binghamton Police Assault Black/Disabled Children Near Rec Park, Binghamton Police Assault Black/Disabled Children Near Rec Park, accessed February 8, 2021, https://www.facebook.com/BingPLOT/videos/binghamton-police-assault-blackdisabled-children-near-rec-park/2060104890689388/; Justice and Unity for the Southern Tier, “Rally vs. BPD Violence Aug 17 – Justice and Unity for the Southern Tier,” August 2017, https://www.justicest.com/index.php/2018/08/15/rally-vs-bpd-violence-aug-17/.

[8] Alexis Pleus and Kevin Revier, “Your Turn: Skepticism over Jail Addiction Treatment Plan,” Press & Sun-Bulletin, accessed February 8, 2021, https://www.pressconnects.com/story/opinion/2018/07/28/turn-skepticism-jail-addiction-treatment-plan/37132217/.

[9] “Truth Pharm: ‘Incarceration for Drug Offenses Increases Overdoses,’” accessed February 8, 2021, https://www.wicz.com/story/37268578/truth-pharm-incarceration-for-drug-offenses-increases-overdoses.

[10] Steve Reilly, “Diversity Eludes Local Law Enforcement Agencies,” Press & Sun-Bulletin, accessed February 8, 2021, https://www.pressconnects.com/story/news/public-safety/2014/09/26/diversity-eludes-local-law-enforcement-agencies/16285803/.

[11] Ashley Biviano, “How Police Reforms Are Taking Shape in Broome, and What’s Stopping Them,” Press & Sun-Bulletin, accessed January 6, 2021, https://www.pressconnects.com/story/news/public-safety/2020/07/06/broome-county-binghamton-endicott-vestal-police-reforms-black-officers/3258752001/.

[12] Reilly, “Diversity Eludes Local Law Enforcement Agencies.”

[13] “Whose White at the BC Jail? We Don’t Know? – JUST Talk,” accessed December 4, 2019, https://justtalk.blog/index.php/2018/09/14/whose-white-at-the-bc-jail-we-dont-know/.

[14] “It’s up to the minorities to sign up to take the [civil service] test. I’ve even given paperwork to the NAACP to hand off to people. They didn’t even hand it out. No, they criticized us for not hiring minorities.”

[15] Orla McCaffrey- September 23 and 2017, “‘People Tend to See It as Something Very Distant and Far Removed, but It’s Here in Broome County’: Community Members, Students Protest County Jail Conditions,” Pipe Dream, September 23, 2017, https://www.bupipedream.com/news/85713/people-tend-to-see-it-as-something-very-distant-and-far-removed-but-its-here-in-broome-county-community-members-students-protest-county-jail-conditions/.

[16] Progressive Leaders of Tomorrow, Binghamton Police Assault Black/Disabled Children Near Rec Park.

[17] Ashley Biviano, “Binghamton Protesters Demand Racial Justice during Afternoon Marches,” Press & Sun-Bulletin, accessed February 8, 2021, https://www.pressconnects.com/story/news/local/2020/05/31/two-marches-downtown-binghamton-protest-racial-injustice/5299892002/.

[18] Ashley Biviano, “Community Gathers for Rec Park Discussion: 5 Topics They Want to Bring to Officials,” Press & Sun-Bulletin, accessed February 8, 2021, https://www.pressconnects.com/story/news/local/2020/06/08/binghamton-protest-rec-park-event-features-talks-race-equality/3170535001/.

[19] New York State, “New York State Police Reform and Reinvention Collaborative: Resources & Guide for Public Officials and Citizens,” August 2020, 2, https://www.governor.ny.gov/sites/governor.ny.gov/files/atoms/files/Police_Reform_Workbook81720.pdf.

[20] Biviano, “How Police Reforms Are Taking Shape in Broome, and What’s Stopping Them.”

[21] Valerie Puma, “Broome County Residents Disappointed by Sheriff’s Office’s Public Hearing on Police Reform,” accessed February 8, 2021, https://www.wicz.com/story/43170943/broome-county-residents-disappointed-by-sheriffs-offices-public-hearing-on-police-reform.

[22] Biviano, “How Police Reforms Are Taking Shape in Broome, and What’s Stopping Them.”

[23] New York State, “New York State Police Reform and Reinvention Collaborative: Resources & Guide for Public Officials and Citizens,” 12.

[24] The sheriff’s budget is $40 million ($10m for law enforcement, and $30m+ for the county’s mental health and substance use detention center, aka the Broome County Jail).  The Binghamton Police Department’s budget is runs around $10 million. 

How Police Reforms Fund the Police

2014 Jail Expansion Protest

President Trump, Governor Cuomo and local officials in Binghamton, Broome County, and the State University of New York at Binghamton have all conceded that we need police reform–if only to quell unrest in the streets.  But what to do?  They have one time-tested response:  propose costly reforms that extend policing ever deeper into our lives and community institutions.

This is an old story.  In the 1970s liberal and civil rights reformers responded to urban uprisings by appointing commissions on race relations, commissions on poverty, and commissions on violence and policing. This was followed by laws and policies promoted to secure equality before the law and modernized, community police forces. The result was mass incarceration and mass policing.  To steal from the title of another scholar’s book:  liberals built the house of mass incarceration.   Will the same happen now?

We can see the effort in front of us. Ten years of pressure from below have forced resisting city, county, and state officials to constrain the most public forms of racialized policing and, reluctantly, to reduce prison populations in many states.  These have been real victories for anti-policing and anti-mass incarceration movements. 

Yet these reforms have often led to more, not less, funding of police.  From such efforts have come a new web of police and court power. Reform proposals today threaten to accelerate this trend, even as the Governor, county, and city officials in the wake of the COVID-19 crisis begin to savage health and education budgets. One need to look no farther than Binghamton and Broome county to see this process in full flower.

Reform in the Service of Building City Police Power

2020 Black Lives Matter Community Discussion on Criminal Justice Demands

Have no doubt:  resistance to significant reform remains firmly in place. Binghamton Mayor Richard David has rejected legislation to collect data on police operations, gutted the human rights commission and repudiated growing complaints about police brutality. He has proudly, steadily, added more police to the payroll.  

This has not stopped growing demonstrations in the last five years, culminating in the recent march by a thousand supporters of Black Lives Matter. A follow-up community discussion attended by 400 persons generated a list of demands calling for the defunding of the police and the funding of community-based health, food, education and housing services. Governor Cuomo, facing his own rebellious electorate, has issued a tepid requirement that local police forces must develop new policies or face the loss of state funding.

The mayor’s response?  He has proclaimed the city police are ahead of the reform curve while increasing funds for a playground upgrade, committing $100,000 for better police training, and providing $50,000 for a police mental health team.  There is little pretense here of community engagement and participation: his advisory panel was constructed in private and operates behind closed doors. There is no input or representation from the major community organizations that have been mobilizing across the city and county in recent years.

The additional $150,000 bears scrutiny. It’s not a lot of money for the mayor: far more has been committed for the additional police he has been adding over the last few years. As for the $100,000 for more training in cultural and racial sensitivity, the evidence is clear:  more training and more community policing aggravates police-community relations, particularly the harassment and detention of Black youth. The Binghamton Police Department has had years of de-escalation and sensitivity training by some of the best trainers in the state. Federal monies have been deployed through Lourdes hospital’s Youth Services to fund summer activities to bond “at-risk” youth with the police.  Over $1.3 million is spent every year on police in local schools

All this training and all this networking has not prevented police from subjecting Black youth with cognitive and developmental disabilities to brutal treatment, refusing to respond when called by Black women threatened by white nationalists, or stopped school security guards from beating down a Black student on Main street just outside the doors to Binghamton High School.  More dollars for more training and more police have not and will not make our streets or schools safer. 

Will $50,000 spent on putting yet more mental health services in the hands of police assist?  Rather than fund mental health care providers to respond to persons in crisis, Mayor David aims to further channel mental crisis services through officers who have neither degrees nor experience in dealing with mental illness. Locally there has been a steady underfunding of mental health, disability, and substance use services, and a growing reliance upon the jail and cycling persons through mental health and substance use programs that report directly to the police, probation offices, and courts. Expanding mental health crisis intervention teams, currently headed locally by a retired police officer, institutionalizes this system.

This is a problem across the state. The result is a waste of dollars and the criminalization of those with treatable illnesses. And it’s dangerous: bringing armed officers to confront unarmed persons in a crisis episode can and has resulted in deadly violence and the loss of life locally. Nationwide, over 25% of persons killed by police are having a mental health crisis. Even with the greatest training and substantive funding, as in New York City, these crisis intervention programs have failed, moving forward alternative models designed by mental health providers.

Broome County:  Expanding Sheriff Power

Annoy The Police": Protesters Arrested At Broome Legislature Me ...
2019 Jail Deaths Protest at County Legislature Meeting

Broome County faces the same prospect as the city: more reform has meant more funding for the county sheriff, jail, District Attorney, and courts. There is little prospect here of substantive change; the Sheriff’s response is inevitably one word: “No”.  Reform announcements by the county executive and legislature have been concentrated on new programs that have made the jail the county’s public health center.  Rather than treat mental health, disabilities, and substance use as medical problems needing medical treatment, the county has closed public health facilities and subcontracted treatment out to unaccountable private providers.  80% of the incarcerated have these medical problems–while only ten percent have been convicted of any charge. The result:  Broome County regularly has the highest incarceration rate of all the counties in the state and is near the very bottom in health rankings.

When medical care in the jail became an issue, the county funded a $7 million expansion of the jail, opening up new pods for women and medical services. Protests soon ensued over the Sheriff’s refusal to fix the new facilities that let male guards sit and watch naked women in open showers and toilets.  Protests inside and outside the jail accelerated, as did the number of deaths and successful wrongful death lawsuits. As demands for substance use treatment accelerated, the county responded by spending another $400,000 on treatment–in the jail.

When the county in 2018 lost a lawsuit for physically and mentally abusing disabled youth in the county jail, and the state at the same time raised the age for legally treating 16 and 17 year-olds youth as adults, the Broome County jail pod for youth was closed—a sterling development and a victory for youth in the county. But there were no savings. Instead the Sheriff received funding for additional correctional officers, at an annual cost of over $250,000, to deal with the occasional transport of youth out of the county.  More district attorneys, parole officers, and judges were to be added as well. (The statewide cost of raise-the-age was, by my admittedly rough estimates, at least $500 million.) Institutionalizing central arraignment at the jail in early 2019, far from town and officially justified by cost efficiencies, required the hiring of yet more correctional officers with no offsetting costs elsewhere.

2019 was a banner year for expanding the criminal justice system while cutting public health care for the county:  the Sheriff got four new correction officers and two new staff, while the probation office got five new officers.  Where did the money come from? The county budget eliminated six public health positions. The county mental health division, having lost over 70% of its budget in the last 15 years, is simply reported to have “requested a 1.3% cut in County Support”.

SUNY-Binghamton: Health vs Police Power

2017 Student Occupation Couper Administration Building

The same battle over health versus policing has faced the commander of the second-largest police force in the area, President Stenger of SUNY-Binghamton. Under his watch the Binghamton University Police has grown in size by 50% and is now larger than the police departments of the surrounding cities of Vestal, Johnson City, and Endicott. When he proposed in 2017 to provide $200,000 more per year to Mayor David for policing in Binghamton, students occupied the lobby of the administration building.  Their demands were straightforward:  defund the police program and fund health care and counselors on campus and community services in town. The President refused to meet with students and locked down the building. 

In response to recent student and faculty pressures invigorated by Black Lives Matters protests, the President has issued new force guidelines, formed a ”Campus Citizens Review Board to work with the Binghamton University Police,” and promised more funding for “minority” students and diversity programming. Little of this addressed the historic record and specific concerns documented by faculty and students in their letters to President Stenger.  Defunding the campus police, much less de-privatizing and de-arming it, remains outside the vision of the administration.

Less is More

And so it goes.  Crime rates decline in town and barely exist on campus, protests accelerate, and the Governor, Mayor, and County Executive announce and implement reform measures. But more rules for good behavior, more training, and more funding for the police, courts, and incarceration have not and will not lessen racial harassment on our streets, schools and overstuffed jail.  Indeed, implementation of city, county and campus reforms as currently proposed will expand rather than shrink the widening web of mass policing and mass incarceration.  

As Mariam Kaba has written, our police forces are beyond reform.  We don’t need more commissions of inquiry, more toothless oversight committees, more diversity administrators, or more “modern” jails and police forces.  We need to dismantle what we have inherited and invest in alternative, community-based health and safety programs.

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